On 6 April 2008 the Site Waste Management Plans Regulations 2008 came into force aimed at companies planning construction work costing more than £300,000. 

Local Waste Disposal; Waste Collection and Waste Planning Authorities as well as the Environment Agency are responsible for the enforcement of this legislation.

So what is it?
There are two main reasons for SWMPs:

1. To improve materials resource efficiency; mainly to reduce the waste produced and identify whether that waste can be recycled or reused other than being disposed.  
   
   Augean can recycle the majority of hazardous construction waste, from:
   
   Soil/rubble from contaminated sites
   Paints & tins with residues
   Oils
   Batteries
   Solvents 
   
2. To reduce the ability of fly-tipping; to provide a full audit trail of waste that is removed from the construction site to ensure compliance and current legal controls are adhered to.

Who's responsible?
It is the client's responsibility to ensure the creation of the SWMP for its site prior to work commencing.

The plan must be updated regularly and this can be completed by the principal contractor, who will also ensure that workers at the site are aware and co-operate with the plan.  Where there is no principal contractor, it is the client's responsibility to update the plan.

However, it is advisable that both the client and the principal contractor review and revise the SWMP as the project progresses to ensure its effective implementation and the roles and responsibilities are still clear.

What should be recorded?
You need to identify and record the following information:

• The client; the principal contractor and the person who drafted it.
• Description of construction work proposed; the location of the site; and the estimated cost of the project.
• Decisions taken prior to the SWMP being drafted with regards to the nature of the project, design, construction method to reduce the waste produced on site.
• Description of each waste stream to be produced throughout the whole project; the quantity of each waste stream to be produced and describe which waste management option proposed for the waste stream ie: recycle, reuse, recovery or disposal.
• A declaration that the client and the principal contractor will take all reasonable steps to ensure that:

All waste from the site is dealt with in accordance with the waste duty of care in Section 34 of the Environmental Protection Act 1990(3) and the Environmental Protection (Duty of Care) Regulations 1991(4); and Materials will be handled efficiently and waste managed appropriately.

In the Regulations it states that for projects costing over £500,000 that when waste is removed from site that the person removing the waste; the waste carrier registration number; a copy of the waste transfer note or consignment note; where the waste is being taken and whether that site holds a permit or whether it is exempt from holding a permit.  A copy of a SWMP data sheet can be downloaded here - Site Waste Management Plan data sheet.doc.

It is our recommendation that this information is recorded on all SWMPs as this will provide greater information to the authority bodies when completing a regulatory compliance check.

The SWMP should be available to all contractors who are carrying out worked described in the plan and where possible should be kept at the site office or appropriate location on the construction site.

So what happens once the project is completed?
A reconciliation of what waste actions planned and what transpired will identify where forecasts were exceeded or missed.

Within three months of the project being completed, the following information must be included:

1. Confirmation the SWMP was monitored on a regular basis and updated appropriately.
2. A description of differences between the first draft and actual performance of the SWMP.
3. An estimate of the cost savings achieved by implementing and completing a SWMP.

NB:  Point 3 above only needs to be included for projects costing over £500,000, however, we recommend this is added to all SWMPs to enable savings to be incorporated into further construction work.

The completed SWMP must be kept for two years after the completion of the work at the site of the project or principal place of business.

A breach of the Regulations is an offence punishable:

• on summary conviction, by a fine not exceeding £50,000, or
• on conviction on indictment, to an unlimited fine.